Friday, May 6, 2011

HOW MUCH CAN I COLLECT IN A PERSONAL INJURY CASE? I was run down while a pedestrian in a crosswalk

The drivers of motor vehicles on Maryland roadways have a duty to use ordinary care to  prevent injury to others, and those crossing Maryland streets owe a duty to use ordinary care for their own safety. Baltimore personalinjury lawyers know crosswalks have some associated special rules A crosswalk may be marked or "unmarked" [i.e. within the prolongation or connection of the lateral lines of  the sidewalks]. If there is no traffic signal, a driver of a motor vehicle must stop if a pedestrian is in a crosswalk on the half of the roadway where the vehicle is traveling, or, if they are approaching from an adjacent lane on the other half of the roadway. If a traffic control signal that does not contain special 'walk' or 'don't walk' commands is operating, then, a driver faced with a circular solid green, must yield to anyone lawfully inside any crosswalk when going straight, right or left.  A pedestrian in this circumstance is "lawfully" in the crosswalk when they begin their crossing facing any green signal other than a turn arrow. A Baltimore personal injury lawyer will tell you that if a traffic control signal that does contain special 'walk' or 'don't walk' commands is operating, then, a pedestrian facing a 'walk' signal is to be given the right of way by any driver. Pedestrians can assume that operators of vehicles will obey the rules. Of course, a pedestrian must always use due care for their own safety, and cannot blindly cross traffic, even with the right of way, without first checking to make sure it is safe. It's generally stated that the motorist has the right of way between crosswalks, but, that does not mean that a pedestrian crossing outside of a crosswalk is necessarily negligent as a matter of law. Harris V. Bowie, 249 Md. 465 [1968]. 

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